Domestic Violence Rights: What Are My Rights if I'm Charged With a
Domestic Violence?
What are my Domestic Violence Rights if I'm charged with Domestic Violence crime under MCL 750.81? The answer is two-fold. Some rights will be granted... while others may be lost. There are a number of rules and regulations regarding your rights if you are suspected of a domestic violence crime.
Your Domestic Violence Rights are carefully considered by a number of people, some of which will be in your favor, while others unfortunately are not!
Domestic Violence Rights in your favor:
1. By law the Police are required to inform you of yourMiranda Rights during an in-custody interview. That said, oftentimes, in an effort to support their decision of arrest, they have become clever in the methods used, in their initial interview with you, to try and get an 'admission' of guilt, often using the tactic that "things will go easier on you" if you cooperate in this way. But remember, "You have the Right to remain silent, without it being used against you". And you should!
2. Your Domestic ViolenceRights, when being interviewed and/or arrested, also provide you the right to:
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- Notify someone you are being detained at the police station
- Be searched by someone of the same sex
- Be treated medically, as needed
- Be represented by Legal Counsel in the interview
- Have the interview recorded either in writing or by audio and/or video, and the right to read, or see the interview after it has been recorded
- Refrain from answering police questions
- Be dealt with and released as quickly as possible (including bond and arraignment)
- Be allowed at least 8 hours of continuous sleep in any 24 hr period more For more info click Domestic Violence Rights - PACE
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But, when thinking about your Domestic Violence Rights, understand this: Some people say that Domestic Violence is a crime without witnesses. Oftentimes the only witnesses to an alleged offense are the people involved, and false reporting of domestic violence is of epidemic proportions in Michigan. However, even without another witness, or any kind of physical evidence,your domestic violence rights can be compromised, because the accusers word ALONE is evidence. The persons word may be a lie, and all the available evidence may contradict it, but the victims word alone is enough for a charge AND conviction if the jury believes it beyond a reasonable doubt.
So, where are your domestic violence rights? In this scenario they can only be found in your defense strategy. The words of your accuser can set a litany of repercussions into motion that effect your domestic violence rights, as well as yourlife. With so much at stake you can't afford not to have the expert criminal defense you'll find at Prain Law, PLLC.
Even if the complainant doesn't follow through or admits the allegations were untrue, the prosecutors can be relentless and refuse to acknowledge the possibility of a fabricated allegation. Domestic Violence Defense Lawyer: Case Dismissed if Victim Doesn't Show-Up? Family Law judges often take away a father's rights to visit with or see his children based upon a mere, uncorroborated allegation of spousal abuse. So, whereare your rights?
Brian J. Prain has the experience, insight and knowledge of Michigan Law and its court system where your Domestic Violence Rights are concerned, and wants to put his experience and resources into your defense. A skilled Michigan Trial Lawyer is essential in aggressively defending you and your Domestic Violence Rights! Call us today at (248) 731-4543.